Terms and conditions

1. INTRODUCTION AND COMPANY DETAILS

This text constitutes the Terms and conditions for the use of the CLINICA UNIVERSIDAD DE NAVARRA (hereafter CUN) Web Site, the URL of which is www.cun.es.

CUN is an entity based in Avenida Pio XII, 36, 31008, Pamplona. Its tax code number is: R3168001J and it is registered in the Religious Entity Register of the Ministry of Justice (number 1,787 in the special section - group C).

In order to comply with current legislation, the CUN has the corresponding administrative authorizations or permits.

2. OBJECTIVE AND AREA OF APPLICATION

These terms and conditions regulate the access and use of the Contents offered by the CUN via its Web Site. However, the CUN reserves the right to change the presentation, configuration and content of the Web Site and its Services, as well as the conditions required for access and/or its use. Access to and use of the Contents and Services after modifications or changes in the conditions take effect implies their acceptance.

However, access to certain content and the use of specific services may be subject to certain Special Conditions, which, depending on the case in question, will replace, complete and/or modify the present Terms and Conditions, or the General Conditions, and, where applicable, any other Special Conditions. Contradictory terms of the Special Conditions will take precedence over the General Conditions and the Terms and Conditions.

Access, navigation and use of the Web Site implies and presupposes the acceptance on the part of the User of these Terms and Conditions.

The User will be understood to be the person who accesses, navigates or visualizes the content hosted at the Web Site, and a Registered User will be anyone who accesses and navigates the Web Site and who registers to use, upload and/or download its Contents and/or use the Web Site Services.

3. OBLIGATIONS OF THE USER

Access and navigation via the Web Site does not require Registration, although to make use of certain applications and/or services it will be necessary to supply the data which is required, such as the users name and email address.

Access and navigation of the Web Site by children less than 14 years of age is forbidden, unless they have been previously and specifically authorized by their parents, guardians or legal representatives, who will be regarded as responsible for the activities of the minors in their charge, in accordance with current legislation. Whatever the case, it will be presumed that access to the Web Site by a minor has been made with the prior and specific authorization of his or her parents, guardians or legal representatives.

The User agrees:

To accept and comply with the requirements of this Terms and Conditions and of any document it includes.

Not to store or transfer via the Web Site Content that is contravenes current legislation, moral standards or the law and order, or which are slanderous, aggressive, obscene, sexually explicit, offensive or violent, or liable to incite violence, racist or xenophobic, or, in general, illegal or damaging to the rights and/or physical and/or moral integrity of individuals.

To access the Web Site exclusively by means of his personal identifier and password. The use of the personal identifier and password of other Users is forbidden.

Should details of a third party be supplied, to inform the person concerned of the issues addressed in the Privacy Policy and obtain their authorization to disclose their personal data to CUN for the purposes described in the Privacy policy.

Not to reveal the personal data of other Users of the Web Site without their prior and specific authorization.

Not to libel, abuse, be a nuisance to, harass, threaten or violate in any other way any right of other Users or of any other person.

Not to remove or try to suppress any security measures adopted and implemented on the Web Site.

Not to manipulate the hardware or software which are needed to use the Web Site.

To make diligent use of one’s password, and to keep it secret and not disclose it to any third party.

Not to cede the use of his personal identifier and password to third parties, either temporarily or permanently, or to allow unauthorized persons access to it.

To notify the Web Site personnel without delay of any circumstance that would permit the wrongful use of personal identifiers and passwords, such as theft, loss or unauthorized access to them, so that they can be immediately cancelled.

To comply with the requirements of current legislation.

4. USE OF VIDEOCHAT

All the messages published by Videochat users express the point of view of their author and the CUN accepts no responsibility for the content of any message published on the Videochat network.

We also wish to inform the user that, should he willingly submit his own personal data or that of third parties while using the service, it will be his personal responsibility. The CUN will not additionally process such personal data beyond what is absolutely necessary to ensure technical compliance and the adequate provision of the service, and this will be conducted in strict accordance with the requirements of the legal requirements for Personal Data Protection, Law 15/1999 of 13 December.

Users must use the service correctly and appropriately. In particular, comments or content which are inappropriate, obscene, offensive, humiliating or insolent must not be included, and in all cases will be the entire responsibility of the person who includes them.

Whatever the case, the Videochat administrators and moderators reserve the right to exclude or impede access to the Videochat network of www.cun.es to Users who infringe current regulations, moral standards, generally accepted norms of behaviour or the demands of law and order, or the rules specified in these Terms and Conditions.

The Videochat administrators and moderators of www.cun.es reserve the right to erase, edit, move or close any published message that might contravene the rules described in this document, and to prevent access to any other Registered User for whom access is considered unadvisable and that may harm the image the Web page wishes to project and its reputation.

CUN will not in any way be held responsible for any consequences that might arise from any use of the Videochat service that is contrary to these regulations or which is inadequate, improper or, in general terms, contrary to the usual way in which comparable services are used and operate.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The CUN is the owner and has acquired the corresponding licence to exploit the intellectual and industrial property rights of the Web Page, as well as the intellectual and industrial property rights of the information and materials it contains, the structure, selection, organization and presentation of its Contents Services and the products available through the Web Page, and the computer programs used in relation to it.

Access to, navigation, use, hosting and/or downloading of Contents and/or use of Web Site Services by the User will in no instance be understood to mean that the CUN or, where it is the case, the owner of the corresponding rights renounces, transfers, licences or cedes in full or in part the rights indicated above. The User is only entitled to strictly private use, exclusively for the purpose of enjoying the benefits offered by the Service.

Consequently, Users are not allowed to suppress, ignore or manipulate the copyright notice or any other data that identifies the rights of the CUN or of its respective owners included in the Content and/or Services, or the technical devices for their protection or any information and/or identification mechanisms they might contain.

In particular, the use of the Web Site Content for their total or partial inclusion as part of web sites other than the CUN Web Site without prior and written authorization of the owners of the Web Site is strictly forbidden.

The use of references to commercial brands or registered trademarks, logos or distinctive symbols, whether they are the property of CUN or third-party companies is implicitly forbidden without the consent of the CUN or their legitimate owners. Unless specifically indicated, access to or use of the Web Site and/or its Contents and/or Services in no instance grants the User any right vis-à-vis the brands, logos and/or distinctive symbols protected by Law and included therein.

All intellectual and industrial property rights are reserved and, in particular, it is forbidden to change, copy, reuse, exploit, reproduce, transform, publicly disclose, make second or subsequent publications, upload files, send by email, transfer, use, process or distribute in any way all or part of the Contents and products included in the Web Site for public or commercial purposes without the explicit and written authorization of CUN or, where appropriate, of the corresponding owner of the rights.

6. COMMUNICATION LICENCE

If the User sends information of any kind to the CUN via the Web Site, through the channels available for this purpose on the Web page, the User declares, confirms and accepts that he has the right to do so of his own free will, that this information does not infringe any rights that apply to intellectual property, brands, patents, commercial secrecy or any other right of third parties, and that this information is not confidential and not damaging to third parties.

The User recognizes that he assumes responsibility and the CUN will not be liable for any content which he submits personally or in his name. He will be entirely responsible for the accuracy, legality, originality and ownership of such content.

7. RESPONSIBILITIES AND GUARANTEES

The CUN cannot guarantee the reliability, usefulness or infallibility of the services or the information it provides through its Web Site nor the utility or accuracy of documents about events available on the Web Site, which have been prepared by professionals from a wide range of sectors.

Consequently, the CUN cannot guarantee and will not be held responsible for: (i) the continuity of the content on the Web Site; (ii) the absence of errors in this content or products; (iii) the absence of viruses and/or other harmful components on the Web Site or in the server that hosts it; (iv) the invulnerability of the Web Site and/or the impregnability of the security measures adopted for the Web Site; (v) the lack of utility or performance of Web Site contents and products; (vi) any damage or harm caused personally or to a third party by anyone who infringes the conditions, regulations and instructions that CUN establishes on the Web Site or as a result of the violation of the Web Site’s security systems.

However, the CUN declares that it has adopted all the necessary measures at its disposal and permitted by current technology to ensure the Web Site is operative and avoid the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any illicit or illegal content, which is against the law or might constitute a breach of intellectual and/or industrial property rights, he must immediately notify the CUN so that it can adopt appropriate measures.

Finally, the CUN cannot guarantee the provision of the services which are offered, for example a request for an appointment, to the extent that these services are subject to, amongst other factors, the current availability of specialists. Although the CUN will make every effort to meet its commitments, it will not be held responsible for the cancellation and/or modification of appointments assigned to patients. Neither will the CUN be held responsible for the opinions offered by medical professionals either directly on the Web Page or in response to the specific queries of users. The web page is only intended to be informative and can never serve as a substitute for the doctor-patient relationship.

8. LINKS 8.1. Links to Other Web Pages

If the User finds links to other Web pages by using different buttons, links, banners, etc., these will be coordinated by third parties. The CUN does not have the capacity or the human or technical resources to know, control or approve all the information, content, products or services provided by other Web sites which can be accessed from the CUN Web Site.

Consequently, the CUN is unable to assume any responsibility for any aspect related to Web pages that may be accessed via links from the Web Site, specifically, including but not limited to aspects related to the performance, access, data, information, files, the quality and reliability of their products and services, their own links and/or any of their contents in general.

Indeed, if Users are aware of the illegality of any activities mediated through these third-party Web pages, they should immediately inform the CUN so that it can inactivate the link through which they are accessed.

The establishment of any form of link from the Web Site to another external web site will not imply that there is any kind of relationship, collaboration or dependency between the CUN and whoever is responsible for the other web site.

8.2. Links from Other Web Pages to the CUN Web Site

If any User, entity or Web site wishes to establish any kind of link with the CUN Web Site, they must meet the following requirements:

The link can only be made to the Main or Home Page of the Web Site, unless expressly authorized in writing by the CUN.

The link must be absolute and complete, in other words it must lead the User by a single click to the URL of the Web Site and must occupy the whole screen of the Main Page of the Web Site. In no instance, unless the CUN gives explicit and written authorization, will the Web Site that forms the link be able to reproduce, in any way, the CUN Web Site, include it as part of its Web page or within one of its frames, or create a browser for any of the pages of the CUN Web Site.

On the page that establishes the link, it will not be possible to declare in any manner or form that the CUN has authorized the link unless the CUN has specifically done so in writing. If the entity that provides the link from its web page to the CUN Web Site rightfully wishes to include the brand, name, trademark, lettering, logo, slogan or any other type of element used to identify the CUN and/or its Web Site on its Web page, it must previously have explicit authorization in writing from the CUN.

The CUN does not authorize the establishment of a link to its Web Site from Web pages that contain material, information or content which are illicit, illegal, degrading or obscene and which, in general, contravene moral standards, the principles of law and order or generally accepted social norms.

8.3. Services Provided by Third Parties via the Web Site

The CUN cannot guarantee the legality, reliability and utility of the services it provides or the Contents supplied by third parties via this Web page, or of those for which the CUN acts exclusively as an publicity channel.

The CUN will take no responsibility for damages of any nature caused by the services provided or the Contents of third parties advertised through the Web Site and, in particular, by way of example, of the damages caused by:

Failure to comply with the requirements of law and order or moral standards.

The inclusion of viruses or any other computer code, file or program that could damage, interrupt or prevent the normal performance of any software, hardware or telecommunications equipment.

The violation of Intellectual and Industrial Property rights or of contractual commitments of any sort.

The realization of activities that constitute illicit, deceptive or unfair publicity and which, generally speaking, amount to unfair competition.

A lack of veracity, accuracy, quality, importance and/or relevance of the Contents published, circulated, stored, received, obtained, or made available or accessible to Users.

The infringement of people’s rights to protect their reputation and their privacy and that of their family, as well as their image, and, in general, any kind of right of third parties.

Inappropriateness for any specific purpose and a failure to meet expectations or any failures and errors that might arise in relation to third parties.

Delays, interruption, failure or partial failure for any reason to meet the obligations of third parties and contracts entered into with third parties.

The communication of data that occurs between amongst Users.

The CUN will not be held responsible in cases where third-party entities advertise their services and/or Contents on the Web Site, for the reliability of the information supplied by the provider about these services and/or Contents, for obtaining permits or licences which may be required by the provider in order to deliver their services, for the breach on the part of the provider of the rights of third parties and, in general, for any obligation or guarantee Users should be able to demand from the supplier.

The CUN does not have the capacity or the human or technical resources to enable it to know, control or approve all the information, content, products or services provided by other Web sites that have links to the CUN Web Site. The CUN accepts no responsibility for any aspect related to Web pages that may be accessed via links from the Web Site, specifically, including but not limited to the performance, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content in general.

9. COOKIES

The CUN may process information about the visitors to its Web Site. To this end, this Web Site may use cookies or other widely used invisible systems through which information can be obtained about the frequency of visits, the content that is most often selected and the geographical location of visitors, as well as other data, in order to optimize the navigation of the Web Site.

The CUN presumes that navigation of the Web Site indicates that the User agrees to the collection and processing of such information. In any case, commonly used browsers contain a series of security measures which enable the user to prevent the use of cookies and/or other navigation data collection systems at any time.

The CUN will be entitled to amend the terms and conditions stipulated here, either entirely or in part, by publishing any change in the same way in which these Terms and Conditions have been issued or by means of any form of notification designed for Users.

The validity of these Terms and Conditions therefore coincides with the length of time it is displayed and until it is entirely or partially modified, at which point the amended Terms and Conditions will take effect.

Irrespective of the special conditions, the CUN will be entitled to finalize, suspend or interrupt access to the content of the Web page at any time and without prior notice without the User being able to demand any compensation. Following any such extinction, the prohibitions affecting the use of the previously displayed content in these Terms and Conditions will apply.

12. GENERAL COMMENTS

The headings of its various clauses are merely informative and will not affect, qualify or broaden the interpretation of these Terms and Conditions.

If there is any discrepancy between the requirements in this Terms and Conditions and the special conditions for each specific service, the indications of the latter will take precedence.

Should any stipulation or stipulations in this Terms and Conditions be considered void or inapplicable, either entirely or in part, by any Court of Law, Tribunal or competent administrative body, this will not affect the other Terms and Conditions stipulated.

The failure to exercise or execute any right or stipulation contained in these Terms and Conditions on the part of the CUN will not mean it renounces its right to do so, unless stated and agreed in writing.

13. JURISDICTION

The relationship established between the CUN and the User will be regulated by current regulations vis-à-vis the applicable legislation and the legal authorities. However, where the parties wish to subject to judgement by regional law, the CUN and the User expressly renounce any other local law that might be applicable to them, and they will submit any controversies and/or lawsuits to the Law Courts of Pamplona.